Seivewright v. Royal Crest Lifecare Group, 2011 HRTO 707

1In an earlier Interim Decision dated September 22, 2010, 2010 HRTO 1912, the Tribunal determined that these Applications could not proceed without leave of the Superior Court or consent of the Receiver. The Tribunal indicated that if the applicant wished to pursue these Applications, she must either bring a motion in the Superior Court to lift a stay, or reach an agreement with the Receiver with respect to her claims, within 60 days of the date of the Interim Decision. The applicant was also directed to advise the Tribunal of her intentions in writing within 30 days of the date of the Interim Decision. The Tribunal indicated that if the applicant failed to do so, the Tribunal may deem the Applications abandoned and close its files.

2The applicant did not advise the Tribunal of her intentions within 30 days of the date of the Interim Decision, nor did she seek leave of the Court or consent of the Receiver to pursue these Applications within 60 days of the date of the Interim Decision, as directed by the Tribunal. However, on November 23, 2010, the applicant wrote to the Tribunal and advised that she intended to take her “complaint” to Superior Court, and that her lawyer was closing his practice and she was in the process of getting a new lawyer within the week.

3To date, the Tribunal has not heard further from the applicant concerning her Applications with the Tribunal. The applicant did not comply with the Tribunal’s directions set out in its September 22, 2010 Interim Decision, and it has been more than four months since the applicant last contacted the Tribunal. In the circumstances, these Applications are dismissed as abandoned.